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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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our nextdoor niehbour is always smoking drugs,the smell comes

Customer Question

our nextdoor niehbour is always smoking drugs,the smell comes into our house,we told him & he did provent it coming in for afew weeks .ive informed police & theve been round outside with heat monitors,and say no trace but nobody beenbin our house.what can we do?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

What did police say?

Does the neighbour own or rent?

Customer: replied 4 years ago.

owns his home.police say theve been round + cant find no heat source ,from that i take it theyre only intrested in drugfarms.text 2 officers today no answer

Expert:  Stuart J replied 4 years ago.


Yes, that was what was
confusing me, the reference to a heat source. As you quite rightly say, that is
generally only relevant to drug farms where they have to have the heat to
propagate plants.

There appears to be no
evidence that this is drug-related so for now, is probably not worth going down
that route.



The situation you are in there
for is exactly the same as if he is a cigarette smoker.



There are two elements which
you can possibly bring an action in respect of: the first is, in respect of the
dog noise and the continual barking and the second is, in respect of the smoke.
It is worth referring both of these to the Environmental Health Department at
the local Council because whilst the dog noise is not a health problem it is an
environment problem.



In addition to the Environmental
Health Department you also have the potential claim which you could take to
court in common-law nuisance . You are going to have to have some evidence
(recording or whatever and dates and times) of the smoke and the noise.



It is not going to be a cheap
or easy application if it gets to court but to avoid that, initially, a
solicitors letter might wake the neighbour up to do something about both



Can I help further?





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Customer: replied 4 years ago.

just as i thought,so if it carrys on i wont be able to sell our house as we would have to tell intrested partys but otherwise very helpfull

Expert:  Stuart J replied 4 years ago.

You dont have to say anything if selling if you simply ignore this and dont raise a dispute.

Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear) and I will follow up any further points you raise for free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!